Legal Commons^™

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.

The History Books Tell It: Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Publications and Research

This article presents a history of collective bargaining in higher education during and just after World War II, decades before the establishment of applicable statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions. The article also examines the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of faculty, teachers, and instructors. The first known collective agreements applicable to faculty, teachers and instructors, were negotiated by those unions before UPWA was destroyed during the …

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.

Rowan Clerk In Romania To Discuss Same-Sex Marriage, The Morehead News

Media Collection

No abstract provided.

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Courts And Executives, Jeffrey L. Yates, Scott S. Boddery

Political Science Faculty Publications

William Howard Taft was both our twenty-seventh president and the tenth Chief Justice of the U.S. Supreme Court -- the only person to have ever held both high positions in our country. He once famously commented that "presidents may come and go, but the Supreme Court goes on forever" (Pringle 1998). His remark reminds us that presidents serve only four-year terms (and are now limited to two of them), but justices of the Supreme court are appointed for life and leave a legacy of precedent-setting cases after departing the High Court. Of course, presidents also leave a legacy of important …

A House Of Cards: Free Banking In Antebellum Chicago, Miles J. Holtzman

Business and Economics Summer Fellows

The Chicago free banking market of the antebellum period has more than once aroused the interest of historians and economists alike. Implemented in the state of Illinois in 1851, free banking was a common, though not universal occurrence in the United States at the time. The city of Chicago’s experience with free banking was anything but common, however. Within the first 18 months after the Illinois legislature enacted the Illinois Free Banking Law, 9 free banks had begun operation in Chicago and between them had an aggregate note issue of over $800,000. But by 1860, Chicago was home to but …

Bloody Bay: Grassroots Policeways, Community Control, And Power In San Francisco And Its Hinterlands, 1846-1915, Darren A. Raspa

History ETDs

“Bloody Bay: Grassroots Policeways, Community Control, and Power in San Francisco and its Hinterlands, 1846–1915” follows the history of San Francisco’s spectrum of formal and informal policing from the American takeover of California in 1846 during the U.S.–Mexico War to Police Commissioner Jesse B. Cook’s nationwide law enforcement advisory team tour in 1912 and San Francisco’s debut as the Jewel of a new American Pacific world during the Panama Pacific International Exposition in 1915. These six decades functioned as a unique period wherein a culture of popular justice and grassroots community peacekeeping were fostered. This policing environment was forged in …

"The Engine Of Free Expression": The Political Economy Of Copyright In The Colonial British Atlantic And Early National United States, Nora Slonimsky

Dissertations, Theses, and Capstone Projects

In 1985, the Supreme Court of the United States concluded that copyright was included in the Constitution in order to serve as the “engine of free expression.” By providing economic incentive to drive artistic and scientific innovation, the nation received essential information and other tools of learning necessary to make sound political decisions. However, transnational copyright disputes, then and now, frequently resulted in complex and often contradictory understandings of free expression. The formation of copyright in America was thus a far more complex story, and it is that story that forms the basis of this project.

Amidst the many moving …

Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey

University of New Orleans Theses and Dissertations

As World War II neared its end in Europe, the Allied powers faced a difficult situation with the occupied nation of Austria. Considering the complicated Austrian relationship with Nazism, the Allies had to decide how the nation would be liberated, occupied, and rehabilitated. Almost instantaneously, the United States, Great Britain, and France became at odds with a vengeful Soviet Union seeking to build a defensive shield of Communist European client states that included Austria. This study will show that as the head of the American Legal Division, Col. Eberhard P. Deutsch, United States Army, was instrumental in the reformation of …

The Nuremberg Trials As A Form Of Transitional Justice, Nicholas A. Richey

History

No abstract provided.

Unconventional Lawfare: Operational Law In The War On Terror, L. P. Miller

Political Science Student Scholarship

This thesis examines the legal work required to establish a sufficient lawfare defense by focusing on the Department of Defense Judge Advocate Generals’ Corps (JAG Corps). The work will describe the JAG Corps as a well-trenched bureaucracy with a moral mission to uphold the military’s honor through laws, and how this was interpreted by the Bush and Obama administrations.

The Trials Of Louis Benecke, David Alan Whitby

Graduate Theses/Dissertations

The Civil War was the bloodiest war in American history, and the country felt its impact in many ways. One of those ways was in the expansion of the pension system. The scale of the war left thousands of wounded soldiers in need of care, and a government that recognized its duty to help. In this thesis, I examine the new pension laws that not only benefitted veterans, but also their dependents. Women and children were included within the laws of the ever changing and expanding pension system. This system was not just for white veterans, but also for African-American …

The Interconnection Between Law And Christianity In Medieval England, Maria Isabel Caplazi

Young Historians Conference

In England, the influence of Christian morals and beliefs grew rapidly during the medieval era. Religious beliefs were evident in literature, laws, as well as social hierarchy. The extent of religious influence on medieval English law is undeniable, however historians have yet to attain a full understanding of religious reach because of institutionalized relativism -- the concept that varying environments affect how social regulations are established in their area. This paper discusses two of the most prominent ways Christianity influenced medieval English law -- through direct influence on laws themselves as well as religious impact on the individual administrators of …

Commentary: Will The Courts Make Trump's Presidency Less Imperial?, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial …

Commentary: California Secessionists Channel Logic Of Southern Slaveholders, Allen C. Guelzo, James H. Hulme

Civil War Era Studies Faculty Publications

'Thursday night the streets were filled with excited crowds. No one talks of anything but the necessity for prompt action. . . . It is hardly prudent for any man to express his opinion adverse to immediate secession, so heated are the public passions, so intolerant of restraint is the popular will."

You would probably assume that this report came from California in the wake of the 2016 election, right? After all, Alex Padilla, the California secretary of state, has now authorized the Yes California Independence Campaign to begin collecting signatures for a state referendum on California's secession from the …

The Jacksonian Conservatism Of Rufus P. Ranney The Politics And Jurisprudence Of A Northern Democrat From The Age Of Jackson To The Gilded Age, David M. Gold

Ohio University Press Open Access Books

Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies.

Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. …

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors Undergraduate Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality of …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …